Litigation 2018-01-25T21:52:22+00:00

LITIGATION

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Goldman & Zwillinger lawyers are experienced at resolving issues involving a local, state, municipal or federal agency or board. We are experienced at representing individuals and professional clients in administrative law hearings and proceedings before agencies and licensing boards such as:

  • Arizona Board of Accountancy
  • Arizona Department of Financial Institutions
  • Arizona Board of Appraisals
  • Arizona Department of Behavioral Health
  • Arizona Board of Chiropractors
  • Arizona Civil Rights Division (Attorney General)
  • Arizona Board of Community Colleges
  • Arizona Registrar of Contractors
  • Arizona Board of Dental Examiners
  • Equal Employment Opportunity Commission (EEOC)
  • Department of Fish & Game
  • Department of Health Services
  • Arizona Department of Liquor License & Control
  • Office of Pest Management
  • Arizona State Board of Pharmacy
  • Arizona Board of Psychologists
  • Arizona Department of Real Estate

The core of Goldman and Zwillinger’s lawyers are experienced at resolving issues involving a local, state, municipal or federal agency or board. We are experienced at representing individuals and professional clients in administrative hearings and proceedings before agencies and licensing boards’s appellate practice is representing clients during the briefing and argument of cases on appeal. We regularly counsel clients and trial lawyers on the presentation of evidence and arguments to the trial court so that issues may be properly presented in future appeals. Our appellate lawyers assist with the briefing and argument of motions during and after trial, preparation and argument of jury instructions, and the preparation of proposed findings and conclusions to be entered by the court.

Goldman and Zwillinger lawyers also prepare amicus briefs on behalf of interested parties and represents clients in interlocutory appeals (“special actions” in Arizona courts) challenging trial court rulings before the completion of proceedings. We can handle expedited appeals in federal and state courts, often obtaining stays to preserve the status quo so that adequate appellate relief can be sought.

Goldman and Zwillinger offers comprehensive representation of secured creditors and unsecured creditors in Chapter 11, Chapter 7 and Chapter 13 bankruptcy proceedings including:

  • filing proofs of claim
  • filing motions for relief from the automatic stay
  • representation in single asset real estate cases
  • representation at Rule 2004(b) examinations
  • defending preference actions
  • defending fraudulent conveyance actions
  • defending and prosecuting adversary proceedings and contested matters
  • objecting to the dischargability of debts and to the discharge of the debtor
  • filing objections to plan confirmation
  • evaluating the Section 1111(b) election
  • representation in connection with Section 363 sales of assets.

Goldman and Zwillinger is sensitive to the needs of victims of catastrophic personal injuries, who oftentimes find themselves vulnerable due to the sudden nature of their injuries.  These injuries demand ongoing care medical care from physicians, physical therapists, medical devices, and medications.

Catastrophic personal injury victims not only have to deal with daily physical pain.  They must also deal with emotional suffering, lost employment wages, and financial distress.  Most importantly, catastrophic and serious injury victims must cope with a difficult alteration to their quality of life.  Fortunately, the lawyers of Goldman and Zwillinger will work tirelessly to hold negligent or reckless parties liable for their actions.

Goldman and Zwillinger’s cases in this area reflects its lawyers’ commitment to the fundamentals of litigation at every stage—immersing themselves in the facts, developing strategy at national and state levels, and trying precedent-setting cases.

Goldman and  Zwillinger’s lawyers have served as lead counsel in numerous cases, succeeding on summary judgment, and winning jury verdicts at trial. We will guide a civil rights action through all phases of litigation, from document production and witness preparation to trial and end-game scenarios.

Goldman and Zwillinger firm devises strategies to convert a debtor’s assets and income to satisfy your significant money judgment using all statutory remedies available, including:

  • Post-judgment discovery of information to aid enforcement
  • Wage garnishments
  • Account levies
  • Turn-over orders
  • Executions on real estate and personal property interests
  • Assignment orders
  • Charging orders
  • Creation of judgment liens
  • Identifying and voiding fraudulent asset transfers, creditor suits, and receiverships.

Goldman and Zwillinger specializes in collection of significant money judgments and will apply every method at its disposal to overcome the challenges keeping you from your rightfully earned judgment.

When a dispute or crisis surfaces in today’s business world, companies and individuals face risk on a variety of fronts: the threat of civil lawsuits, the prospect of investigations and enforcement by politicians and regulators, media and public scrutiny and sometimes the possibility of criminal investigation or prosecution. At Goldman & Zwillinger, we embrace challenges like these because we understand that the value we offer clients comes from our deep experience in helping to solve these sophisticated challenges. Goldman and Zwillinger stands ready to offer efficient and effective representation in critical cases involving all types of complex business issues and disputes, including:

  • Breach of contract
  • Business torts
  • Class actions
  • Securities and banking
  • Antitrust
  • False Claims Act litigation against federal contractors
  • Health care fraud
  • Civil fraud claims under the RICO Act
  • Professional malpractice
  • Privacy law
  • Employment and Non-compete agreements
  • Business Disputes

Goldman and Zwillinger handles the most complex commercial litigation cases facing businesses in any industry, with a particular emphasis on preparing and taking cases to trial. As is evident from these few examples, lawyers from the firm regularly appear in state and federal trial and appellate courts nationwide, and also provide national direction and coordination in class actions and other complex cases in which clients are required to appear in numerous jurisdictions simultaneously. In these cases, the firm has experience in developing a comprehensive strategy, avoiding wasteful duplication of discovery efforts, taking cases to trial, and coordinating with other counsel in joint defense arrangements.

Business dispositions and dissolutions are rarely amicable and typically involve the contentious division of business assets. Goldman and Zwillinger lawyers will be your trusted advocate represesting you in contested business dissolution cases involving the members of limited liability companies, limited partnerships, C corporations, S corporations, and a host of other entities.

These disputes often center around allegations of breach of fiduciary duty, theft or concealment of business assets and similar business torts. Goldman and Zwillinger will coordinate its expert resources, including forensic financial investigation and business valuation analysis, to resolve any dispute. We will pursue the strategy that best serves your needs, ranging from efficient liquidation of assets and settlement of outstanding claims to solidifying your ownership stake.

Goldman and Zwillinger represents employers and select employees pertaining to employment and non-compete litigation.  The firm’s lawyers practice on both sides of the fine line between protecting the intellectual property of a business and protecting its business right to fairly compete in the free marketplace.

Protecting proprietary intellectual property is critical to the success of a business through non-compete, non-solicitation, and confidentiality agreements. We are equally equipped to defend business and individual clients from attacks on competition designed to prevent the free flow of the most qualified individuals and exploring the brightest ideas to help businesses and individuals compete in today’s dynamic marketplace.

Goldman and Zwillinger’s lawyers have wide-ranging experience in financial services litigation. We represent lenders pursuing borrowers and other participants for mortgage fraud. When appropriate, we assert claims pursuant to the Racketeer Influenced and Corrupt Organizations Act (civil RICO).

We represent lenders in connection with judicial and non-judicial foreclosure and to collect upon promissory notes and guaranties including issues arising under “Bad Boy” guaranties.

We have significant experience with regulatory enforcement proceedings.

The firm’s industry experience includes the representation of national and local banks, commercial lenders and mortgage lenders, brokers and services.

Goldman and Zwillinger  can provide defense of litigation against lenders pursuant to the Home Affordable Modification Program (HAMP), defending challenges to the foreclosure process and issues involving MERS and defending challenges regarding forced-placed insurance. We provide representation for demands to repurchase loans.

Goldman and Zwillinger also provide representation of secured creditors and unsecured creditors in bankruptcy cases under Chapter 11, Chapter 7 and Chapter 13 of the Bankruptcy Code, including defending and prosecuting adversary proceedings and contested matters, filing motions for relief from the automatic stay in connection with commercial and residential property, handling single asset real estate cases (SAREs), evaluating plans and filing objections thereto and evaluating the 1111(b) election.

Goldman and Zwillinger are also available to act as local counsel in connection with any of the foregoing matters.

Goldman and Zwillinger represents the spectrum of local and state governmental entities – municipalities, townships, cities, authorities, and agencies, including among others law enforcement personnel. The firm has considerable experience in matters involving traffic related matters; premises liability; zoning and Civil Rights claims. Through these engagements, our lawyers have gained a wealth of knowledge and experience working with the unique body of laws applicable to the public sector, including the defenses of sovereign and governmental immunity.

Goldman & Zwillinger’s real estate litigation practice can effectively represent its clients in any type of real estate litigation, including disputes relating to:

  • Appraisals
  • Architecture and design
  • Bankruptcy
  • Brokerage
  • Construction
  • Development agreements
  • Easements
  • Eminent domain and condemnation
  • Environmental
  • Financing
  • Foreclosure
  • Homeowners Associations
  • Land use
  • Leases
  • Nuisance
  • Option agreements
  • Partition
  • Partnership agreements
  • Property management
  • Purchase agreements
  • Quiet title
  • Receiverships
  • Restructuring
  • Trespass
  • Workouts
  • Zoning

G&Z’s depth of experience allow us to be your advocate for all securities-related litigation. We provide representation in actions defending or prosecuting claims for securities fraud or the absence of securities registration under the Arizona Securities Act. Our laywers are adept at handling customer disputes, whether in arbitration or court, alleging inappropriate investment and trading strategies against broker-dealers. G&Z is equally equipped to successfully represent broker-dealers in other matters, such as restraining orders in broker raiding cases involving noncompetition and nonsolicitation contracts, and in regulatory and disciplinary matters before state and federal regulators as well as the securities exchanges.